Ramsey v Denton

The appeal in *Ramsey v Denton* concerned an assessment of damages for economic loss, specifically the loss of future earning capacity, in a negligence claim. The appellant, Ramsey, had been awarded judgment in the District Court, but appealed against the quantum of damages awarded.

The central legal issue before the Court of Appeal was whether the primary judge had erred in reducing the period of the appellant's assessed earning capacity without a sufficient evidentiary basis. This involved a determination of the correct principles to apply when assessing future economic loss, particularly in relation to the use of a "buffer" to account for uncertainties in future earning capacity.

The Court of Appeal found that the primary judge had impermissibly reduced the period of earning capacity without adequate evidence to support such a reduction. The court applied established principles for assessing loss of future earning capacity, emphasising the need for an evidentiary foundation for any such adjustments. The court determined that the primary judge's approach was not supported by the evidence presented.

Consequently, the appeal was allowed, and the judgment of the District Court was set aside. The Court of Appeal substituted its own judgment for the appellant in the sum of $257,164.84 and ordered that the respondent pay the appellant’s legal costs up to the point when the appellant's solicitors ceased to act.